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STATE v. SPENCER

221 N.J. Super. 265 (1987)

534 A.2d 410

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ROBERT SPENCER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 30, 1987.

Attorney(s) appearing for the Case

Susan W. Sciacca, Assistant Prosecutor, argued the cause for appellant (Larry J. McClure, Bergen County Prosecutor, attorney; Ulrike M. Ziebarth, Assistant Prosecutor, on the brief).

Kevin G. Roe argued the cause for respondent (Lucianna, Bierman & Stillman, P.A., attorneys).

Before Judges KING, GAULKIN and GRUCCIO.

The opinion of the court was delivered by GAULKIN, J.A.D.

Defendant, charged with two counts of armed robbery, moved prior to trial to suppress evidence seized in a warrantless search of a car he was driving. Following an evidentiary hearing the Law Division judge granted the motion, finding that defendant had been unlawfully stopped in violation of Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979...

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